The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The FMLA regulations provide objective tests to determine whether a particular condition is a serious health condition under the FMLA. Common serious health conditions include conditions requiring an overnight stay in a hospital or other medical care facility; conditions that cause the employee or the employee’s spouse, son or daughter, or parent to be incapacitated for more than three consecutive calendar days and that require ongoing medical treatments (e.g., two in-person visits to a health care provider, or one visit with follow-up care such as prescription medication); chronic conditions that cause occasional periods of incapacity and that require treatment by a health care provider at least twice a year; and incapacity due to pregnancy. Providing needed care to a son or daughter with a serious health condition is a qualifying reason for FMLA leave.
The FMLA regulations define a disability as a physical or mental impairment that substantially limits one or more of the major life activities of an individual. The FMLA regulations adopt the definitions of these terms used in the ADA as interpreted by the EEOC. The definition of disability is used for FMLA purposes as part of the determination of whether an individual who is 18 years of age or older is a “son or daughter.”
In order to take FMLA leave to care for a son or daughter who is 18 years of age or older, the adult child must have a disability and be incapable of self-care due to that disability. The son or daughter must also have a serious health condition for which he or she needs care. For practical purposes, many impairments will satisfy the definitions of both “disability” and “serious health condition,” even though the statutory tests for each are different.
October 2018
Tags: use of FMLA leave to care for a son or daughter age 18 or older